Sama judgment Delhi HC

1. W.P. (C) No.2983/2020 Page 1 of 5
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2983/2020 & CM APP Nos.10345-46/2020
SAMA-RESOURCE GROUP FOR WOMEN AND HEALTH
..... Petitioner
Through: Ms.Vrinda Grover with
Ms. Ratna Appender, Advocates
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Rakesh Gogna, CGSC for R-1-3
Mr.Anupam Srivastava, Adv. for R-4/GNCTD
with Mr. Dhairya Gupta, Adv.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 22.04.2020
1. The present matter has been taken up through Video Conferencing.
2. The present petition has been filed by an Organisation based in Delhi
which is a public charitable Trust registered under the Indian Trust Act,
1872, that works on issues related to women’s health and rights including
reproductive health rights. The petitioner has approached this Court by way
of the present public interest petition after submitting a representation dated
18.04.2020 to the respondent No.1/Ministry of Health & Family Welfare,
Union of India and respondent No.4/Department of Health & Family
Welfare, Govt. of NCT of Delhi, highlighting denial of healthcare, and more
specifically, denial of delivery/child birth services to pregnant women in
Delhi and the barriers faced by them and their families in the wake of the

2. W.P. (C) No.2983/2020 Page 2 of 5
COVID-19 pandemic and the lockdown declared by the Central and the
State Government.
3. Ms. Grover, learned counsel for the petitioner draws the attention of
this Court to an order dated 15.04.2020 issued by the respondent No.2/
Ministry of Home Affairs which refers to a consolidated revised Guidelines
issued pursuant to the order dated 14.04.2020, passed by the Government
relating to lockdown measures for containment of COVID-19 epidemic in
the country which has been extended upto 03.05.2020. The said order
clarifies that the consolidated revised Guidelines shall not apply to the
containment zones as demarcated by State/UT/District administrations and if
any new area is included in the category of containment zone, the activities
allowed in that area till the time of its categorisation, shall be suspended
except for activities that have been specifically permitted by the Ministry of
Health & Family Welfare under the Guidelines.
4. Our attention is next drawn to the Guidelines for enabling delivery of
essential health services during the COVID-19 outbreak enclosed as
Annexure A-6 to the writ petition. Learned counsel submits that essential
services mentioned in the Guidelines includes reproductive and neonatal
healthcare services to the pregnant women, besides prevention and
management of communicable deceases, treatment of chronic deceases to
avoid complications and for addressing other emergencies. We may note
that in the said Guidelines issued by the respondent No.1/Ministry of Health
& Family Welfare, Part-2 deals with essential services and continuation
thereof, amongst others, in relation to care during pregnancy and child birth.
5. Learned counsel submits that the Union of India has specifically
directed all front line workers of Sub-Health Centres (SHC) and Health and

3. W.P. (C) No.2983/2020 Page 3 of 5
Wellness Centres (HWC), to maintain a list of persons to whom essential
services have to be extended, for example, pregnant women, those who have
recently delivered, infant children below the age of 5 years etc. She states
that Auxiliary Nursing Mid-wives (ANM) and Asha workers must ensure
that the pregnant ladies in the last trimester are contacted to ascertain their
status. It is contended that despite extensive Guidelines laid down by the
respondent No.1/UOI, services on ground are not readily available. It is in
this background that the present petition has been filed so as to ensure that
there is proper coordination between the concerned departments of the
respondent Nos.1 and 3/Union of India and the respondent No.
4/Government of NCT of Delhi so that a Nodal Officer is appointed in every
COVID-19 hotspot, whose contact number is made public and a dedicated
helpline is set up for pregnant women seeking essential health services,
which includes arranging transportation to and from the hospital, securing
movement passes, etc.
6. Mr. Gogna, learned counsel for the respondent Nos.1 and 3/UOI
states that he has filed a brief affidavit highlighting the guidance notes
referred to hereinabove, copies whereof have been e-mailed to learned
counsel for the petitioner and the respondent No.4/ Govt. of NCT of Delhi.
He states that it is the Govt. of NCT of Delhi that has to implement the
Guidelines.
7. When the matter was taken initially, Mr. Anupam Srivastava, learned
counsel for the respondent No.4/GNCTD had sought some time to obtain
clear instructions from the department. At his request, the video Conference
proceedings were delinked and the matter has been taken up again for him to
convey the instructions received. In the second round, he states that he has

4. W.P. (C) No.2983/2020 Page 4 of 5
obtained instructions from Dr. Bimlesh, in the Directorate of Family
Welfare that Govt. of NCT of Delhi has no objection if the helpline
proposed to be set up for senior citizens in terms of an order passed by this
Court only this morning in W.P. (C) No. 2979/2020 entitled Ajit Kumar v.
Union of India & Anr., is also made available for pregnant women to
enable them to access medical facilities and to arrange transportation for
them to visit hospitals for check-ups, delivery and post-delivery
consultation, whenever required. He states that an Asha worker is assigned
for every pregnant lady to assist her during the pregnancy and since ANMs
are attached to the Health Centres in the GNCTD, wherever there is a need,
the Asha worker contacts the ANMs directly for rendering necessary
assistance to pregnant ladies.
8. At this stage, Ms. Grover interjects and submits that due to the
COVID-19 pandemic, duties of most of the ANMs have been diverted to
COVID related work and therefore, they are not readily available for
assistance.
9. Mr. Srivastava, learned counsel for the respondent No.4/GNCTD
responds by assuring this Court that sufficient number of Asha workers and
ANMs, will be made available in their respective areas so that they can
reach out to the pregnant ladies and particularly those who are in the high
risk category for a follow up. Further, adequate assistance will be provided
to pregnant women, particularly, in the last trimester. He states that this will
include arranging transportation for the pregnant ladies to visit to the
hospital predelivery, for delivery and post delivery. He adds that the Asha
workers are working under the supervision of the Ministry of Health &
Family Welfare, UOI and, therefore appropriate directions be issued to

5. W.P. (C) No.2983/2020 Page 5 of 5
respondent Nos.1 to 3 also, to extend all necessary cooperation and ensure
that the orders passed in this matter are implemented in letter and spirit.
10. Mr. Gogna, learned counsel for the respondents No.1 to 3 assures the
Court that necessary compliances shall be made and the coordination
between the Asha workers and ANMs shall be seamless.
11. Ms. Grover, learned counsel for the petitioner states that she is
satisfied by the response given by the UOI and GNCTD. This court also
places on record its appreciation for the prompt instructions given by the
GNCTD to its counsel on record for this Court to dispose of the matter right
away.
12. Accordingly, the present petition is disposed of, along with the
pending applications, with directions issued to the respondent/GNCTD to
ensure that the helpline number which is proposed to be set up within two
days, for assisting senior citizens in Delhi, shall also be made available for
pregnant ladies. The helpline number shall be publicised adequately in the
newspapers and the social media as also through the Delhi Police, wherever
possible. UOI and GNCTD shall work in tandem to make sure that no
barriers are faced by pregnant ladies and their family members residing in
hot spots during the lockdown. The present petition accordingly disposed
of.
HIMA KOHLI, J
SUBRAMONIUM PRASAD, J
APRIL 22, 2020
Neelam